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Judgment
This original application is registered suo motu on the basis of news item titled "4 die in C’garh mine collapse" appearing in ‘The Times of India’ dated 28.02.2024.
The news item discloses that the collapse of a NMDC mine in Kirandul, Dantewada, Chhattisgarh has resulted in death of four labourers. The names of the victims have also been disclosed but the news item does not disclose if the family members of the victims have been paid the compensation.
Learned Counsel appearing for the State of Chhattisgarh has informed that family members of each of the deceased person has been paid Rs. 10 lakhs i.e. Rs. 5 lakhs by the L&T and Rs. 5 lakhs by the NMDC.
The amount which is paid to the family members is not in accordance with the judgment of the Tribunal. Tribunal by order dated 16.01.2023 in OA 66/2022 in the matter of K. Saravanan vs. State of Tamilnadu, had directed that compensation be enhanced to ₹20,00,000/-in respect of each death and ₹10,00,000/- each to the injured.
The news item raises substantial issue relating to the compliance of environmental norms and violation of the provisions of Public Liability Insurance Act, 1991 and other Scheduled enactments.
Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Hence, we implead the following as respondents in the matter:
(1). Central Pollution Control Board through its Member Secretary.
(2). Chhattisgarh Environment Conservation Board, Raipur, through its Member Secretary.
(3). Ministry of Environment Forest and Climate Change, Regional Office, Raipur.
(4). Collector and District Magistrate, Dantewada.
(5). NMDC Limited, Bailadila Iron Ore Mine, Kirandul Complex, Behind BIOP School, Kirandul-494556, District - Dantewada, Chhattisgarh.
(6). L&T Office, NMDC Works Office Complex, Behind BIOP School, Kirandul-494556, District - Dantewada, Chhattisgarh.
Respondents No. 1 and 2 are represented through the Counsel. Learned Counsel for CECB, Respondent No. 2 is directed to file the report within four weeks before the appropriate Bench of the Tribunal.
Let notice be issued to the other respondents for filing their response before the appropriate Bench of the Tribunal.
Since the matter relates to the Central Zonal Bench of the Tribunal, therefore, OA is transferred to the Central Zonal Bench, Bhopal for appropriate further action. Let the original record of the OA be transferred to the Central Zonal Bench.
List before the Central Zonal Bench at Bhopal on 30.05.2024.